What court do I begin action on becoming my mother's guardian? Supreme court? family court?
If I can't afford a lawyer do I need I need one?
Are there organizations that help people with this process?

What if you live far away & can't afford the trip(s) across the country to enter into such proceedings?

usually probate court handles guardianship for elderly parents, if you can't afford a lawyer check for local legal aide or call state bar for a list of pro bono (free) lawyers, not many lawyers will do this type of work for free

We're getting conflicting information from people and attorneys...so I'm hoping someone here can help clarify this for us! My brothers have POA already...do we need to file for guardianship? My Dad lives in NJ and we (siblings) live in PA. Do we need guardianship to place him into a veterns home or assisted living type place? Or does the POA suffice? What would guardianship provide or give us that the POA doesn't already supply us? Thanks in advance for all your support.

Havenspa- I have my fathers POA but had to get guardianship after he had a stroke and needed to be placed in a nursing home. He was not willing to go voluntarily and was told I needed to get guardianship to place him without his consent. At the guardianship hearing they also did an "order for protective placement" not sure if I really needed the guardianship although it does provide for more specific things like whether the person can vote, consent to sterilization, participate in experimental things, get married or write a will.
hope this was helpful.

begin with a power of attorney, move on to probate court, govt aging services can help (look up your state's own #), probate or family court depends on the state, state bar attorney office will provide probono/free legal help (they don't do probate often); personal advice resolve within the family before moving towards these matters.

I have POA and POAHC. Mother, 88,, severe dementia; possible predator on the scene--has been working on mother for quite some time. Mother very willing to assign me guardianship. Question: Possibility of assuming guardianship (at which point, question of a predator seems moot) if another sibling objects, even though that is the wish of the mother? Fair amount of assets involved (thus, the predator); I and my sister both living a distance from mother. We have 24/7 care, which helps to keep the predator somewhat a bay, but not entirely. We would like to have the mother come live with us, but she wants to spend the rest of her life in her home (and with the predator seeing her every day).

I have medical POA over my grandfather who is living with me. He has to go into a nursing home as his Dementia has gotten worse. The nursing home he's going to my mother (whom Im estranged from) claims she is applying for guardianship. Will the guardianship destroy my grandfather POA given to me with his final wishes?????

I am quite certain that guardianship trumps poa

guardianship is an expensive, legal process. She has to have him proven incompetent, a doctor has to say he is incompetent, grandpa gets a voice in this. All have to go before a judge. You can contest these procedures and cost your Mom alot more money. This is no simple task and takes away all of his rights. Let her put her money where her mouth is. Good luck

Thanks Madge1, Im meeting with a care management team SEPERATE from my mother and her nusring home on Monday as my grandfather is in the hospital as of today. Im prepared to do whatever is nesacary to maintain my grandfather's final wishes as he wanted them to be, he gave me that special responsibility and i WILL make sure they are carried out at any cost.!!!! Thanks..:) Thank You Halfnote as well!!!

My mother was declared INCOMPETENT. Especially for financial matters. I filed for conservatorship. The Probate Judge in E. Hartford, CT. did not even look at the report. He eventually appointed me as conservator, but it cost over $600.00 in Probate and hearing notice fees, then the judge ordered a "court appointed" GAL (Guardian ad Litem) and a "court appointed attorney" for my mom. The GAL did a very lousy investigation, as he NEVER even spoke to me, and the greedy family did not want me appointed. I eventually was appointed, after an audit showed for 6 months I had been POA, and took ZERO money. Your family will turn into $$$$$$ groveling, hateful people. The Probate system is racketeering on the elderly. AVOID this. Try and just have a Power of Attorney. I had to be conservator, so that only one person did banking. My sister would fly up from Florida, put my mother in the car (deemed incompetent by a psychiatrist for dementia) and get bank checks for $2,000.00 every ten days! I am not kidding. My mother inadvertantly gave her over $22,000.00 every year since 2002. She will now be ineligable for TITLE 19, for over-gifting to my sister when she runs out of money. The lawyers drain them and so does the Probate court. GOOD LUCK~

Are you saying that your mother was incompetent - totally out of it - for the whole 10 years? Neither your mother nor you noticed the misssing $22,000 every year?

If the gifting stops now, why can't your mother last 5 years on the $250,000 you said she has left? Especially considering there must be some kind of other income as well.

I was NOT POA when my sister was gettting the cash. My cousins were allowing this and funny they never submitted any audit ever. Before 2009, my mother was just giving it all away, like she as a ROCKEFELLER. She "felt sorry for my sister because she is not married, and has no friends". So I guess in her mind, she took responsibility for her pathetic life. Your attitude is what gets you happiness, not a check from mom.
I was never gifted anything and I am glad. If the state ever goes back in time, I will not show up as being a vulture.
The money she has left is going to be for her care, which is something my greedy sister is not wrapping her head around. She wants what she has been use to. No reason here. I am so frugal with her money, but the live in care is $6,000.00 a month, not counting food, electricity, cable, taxes, AARP deduction.
I was told by atttorneys that: She has enough for 3-5 years, then the house will be sold, she will be denied TITLE 19 initially, but eventually they will have to give it to her.

BTW: Calimelshmaul, her monthly SS check and pension are only $2,700.00. She pays out over $7,500.00 a month easily, so if you think $250,000.00 will last for years, think again. Do the math. It has been over a month, waiting to liquidate an annuity. WELLS FARGO is jerking her around and not releasing it. IT IS CRAZY. It is her money and she needs it to live on. I HATE WELLS FARGO. DO NOT USE THEM ANYONE. Please trust me on this issue. 6 weeks later and still no annuity has gone into her credit union account, so I can pay the bills!
TRANSAMERICA long term care benefit turned out to be a rip-off. I am not going to tell her this or she will want the care givers gone even more. My sister has convinced her that she needs the money more that paying for care for her OWN mother. TRANSAMERICA use to give her $2,100.00 a month, suddenly it is only $1,600.00 and will keep dropping as long as she needs care. She has over $350,000.00 left in long term benefit money. I am turning them into the BANKING COMMISSIONER. I called the Congressman in her town already. I am telling you, once you get sick (in her case dementia) everyone wants a piece of whatever is there. PROBATE, nephews, my very greedy sister, attorneys FEES of over $20,000.00 just from 2010-now. They are VULTURES preying on the elderly. She has no idea how lucky she is to have a pit bull of a daughter fighting for her. I call TRANSAMERICA 3-4 times a month to argue over why she has not been paid her benefit. I am sick of it!

Don't Do It !!! The Guardianship System, once you and your loved one gets sucked in, can and will deplete your loved one's estate especially if a stranger guardian is appointed. It is very easy for them to find you unsuitable as a guardian and you will not have a day in court to defend the allegations from many of the cases we have seen. It is and extremely expensive legal process that has left many eldery and their families destitute, has resulted in an elderly person being abused and the family having no power to intervene because there is a guardian, and it seems the families have no option but to hire an attorney and go to the guardianship court if things go wrong. In the meantime the guardian has so much power that they can even deny the troublesome or interfering family member the right to visit their own loved one.

stopelderabusen, that is a very good comment and what I have read before. All I want is my Mom to put me on her POA's as an alternate, just in case my brother dies. She won't do it and he just says "you'll have to get guardianship". I want to scream. I am so mad I have stopped talking to Mom and told my brother under no circumstances would I go to court to get guardianship. Then the courts will have to appoint someone who will take alot of Mom's money. Still neither Mom or my brother budge. He doesn't care and she is paranoid and has some personality disorder. I give up. Nothing I can do. But I be darned if I am going to be pushed into the guardianship mess.

When someone was done told they couldnt get poa of patient because of stroke and the state of mind he is in but somehow they got one fixed how do u go about getting that stopped.This patients wife wasnt even able to cause his state of mind after fifty yrs of marrige.Also they are abusing it at that.They have sold several cars, a home,and other anyway to get a dollar.This person doesnt even take care of the patients bills instead me and his wife does,nor does he spend one dollar of the money he got by selling patients stuff on the patient,instead he keeps it and still trying to sell more.He said his mom couldnt live by herself n if she did then he force her to nursing home as well.So she lives with me and has almost a yr,but he moved in her home forcing her to still pay the bills there even though she dont live there.There is lots more but i need help to stop his son from doing all this and he done it all for money.The minute his dad got put in nursing home,he had all his bills put in patients name therefore his mother is paying all his bills and he is still selling all he can.please let me know what to do

I have a POA for my grandmother and I am also her agent on her Advanced Directive. I would like to obtain legal guardianship of her so I know she will get the best care. What's the best way to do so? I cannot afford an attorney.

I am my mother's medical dpoa. My brother has taken her from the hospital and into his home where she has remained for several days. Does my brother have any legal right to keep my mother from leaving his home by way of a person trespassing on his property to pick her up for the day? I need this question answered asap as this will be ocurring tomorrow.

last sept my mom fell & went to hospital,I had been taking care of all her bills,shopping,etc for several yrs,had talked to her Dr several times as she was geting more * more confused,she had to go to a nursing home as she has dementia,because they said she was incompetent to give me poa I had to go through the process of becoming guardian,it has been a long struggle & a nightmare,no one to help me,in order for her to get medicaid,had to turn all her income over to the nh & all insurance over to funeral home,she is still there but getting worsenow I get a letter saying I didnt file accounting with the court & fiduciary commssioner,trying to find some help,I just want my mom to be taken care of,it is so difficult...

My mother has been diagnosed with Dementia. She is combative and now in a nursing home. My sister and I have POA and now I must obtain Guardianship because my mother claimed my sister hit her. Because she is on medicaid, when she was admitted to the hospital, she told the social worker my sister hit her. The court appoint a conservator who upon interviewing my sister state in her report that none of my mom's children should have fiduciary over my mom. The person made the determination with talking to me or my brothers. I have hire and attorney to do a rebuttal and schedule a court date. My plan is to move my mom to the state where I live. My sister is very stressed because not of the allegations are true. What are my chances of being able to obtain guardianship of my mom. My sister and brother are fine with me doing this. I do not want the state taking control of my mom and making medical or any other decision for her. That, in my opinion is my responsibility.

As Power of Attorney for finances and a Power of Attorney for Health care for my mother for many years. When my husband and I relocated to another state. I informed my two siblings I would be relocating our mother with us just as soon as we were settled. My siblings never helped with my mother's care and made excuses when I ask for help with her. My experience was they hired an attorney and filed temporary Guardianship. The Judge denied the sibling Guardianship. The attorneys and siblings carry this out for a year. This cost my mother alot of money. I also had to hire representation. I think this is a terrible scam of the legal system for a elderly person to experience.

go thru.

My grandfather is 85 years old and has dementia. He has been married for ten years now to my step grandmother. She recently fell and broke her pelvic bone. During that time my grandfather went and stayed with one of her children. With his dementia he has some issues, feeding, using the restroom, and with wondering. The daughter called my father, who is his only child, and asked us to come get him. This was a few days after she had fallen. We had no idea this was going on. We are now trying to get my grandfather help and get him into an assisted living facility. He needs 24/7 care that my family nor his wifes family can provide, but we are running into issues. His wifes children will no let us speak to her or let us have any information as far as my grandfathers financials and other things, which the facility needs so we can go forth with placement. We only have his best interest in mind and we want him to be safe. With them still being married, and us not being able to speak to her to get anything resolved, we are stuck. Is it too late to do a durable POA? This is a very tough situation for my family right now. We didn't plan for any of this, which is our fault, but when he remarried after my grandmothers death, there really wasn't much we could do. They have taken over anything. I hope someone can give me some advice on where to go from here. My dad feels like his hands are tied. It's his father, and there is nothing he can do legally because of them.

When dealing with my mom- she was already so far into the dementia, I couldn't get the POA, as she has to give that power to me. I had to hire an attorney, (cost 1,500.) in the state of Oklahoma. She was found incompetent by a judge in family court, as I provided documentation from her attending physician- plus, I took her into the courtroom with me, and the judge could see for herself how far gone my mom was. The judged ruled that she found my mom was indeed incapable of making ANY decisions on her own. Thus, giving me the guardianship over my mom. Because I felt compelled to place her in a nursing home in the state of Arkansas(to keep her geographically close to her companion of 6 yrs)- I had to name him as the co-guardian- seems the person being under somebody's guardianship has to live in the same state and county UNLESS there is a co-guardian that lives in that state the nursing home is in. I named her companion as co-guardian so to leave her closer to him in proximity, made more sense that I drive the 2 and a half hr drive myself to see her than to make this 80 yr old man do it, out of concern for his safety, his finances, and just trying to make things easier for him. He had taken care of my mother in his home for close to a year before I went to court and made it possible to move her residence to make it easier for him, all he had to do was visit her-and he did everyday. In the meantime, times got hard for me, finances were affected, my husband had a heart attack, and I couldn't make the trip to visit mom as often as I liked- decided to move her closer to me- but here's the catch- I CANNOT move my mom's place of residence without the co-guardian's signature and approval!!! No blood relation, but when I mentioned it to him, he said, "Over my dead body"- he doesn't care that this is MY mom, that I can't afford the gas to drive back and forth to see her as often as I should or would like, he forgot the whole reason I put her there in the first place. If I had my do-overs, I would never have named him co- and would NEVER have placed my mom in Arkansas to make it convenient for him to visit her. I CAN go back to my attorney used in the first place, pay another1,500.00- to file against him and prove that since he not blood relative, and this is a hardship for me- could take it to court, and have him removed as the co-guardian. I can't afford it, and his health is bad- he probably doesn't have but this year also. I hate to do it to this old man. I really do care for the guy,and appreciate all he's done, and I know he genuinely loves my mom- my only thing is that if my mom wasn't there, this man would have nothing and nobody. That breaks my heart. My mom doesn't know the length of time between visits, and may not know I'm there- but I still have my husband, children and grandchildren to fill my days. This man never had any kids, no grandkids, and the only blood family he has is down in Alabama. Even as upset as I have been with him, still can't find it in my heart to do it. Just saying, be clear on the state's rules and regulations with the guardian and co-guardianship should you ever consider naming one.

My mother is having mental issues which is causing her to make poor decissions, She believes she is fine. How would I get this if she gives me no cooperation.

If I apply for guardianship of my elderly mother while she is in a special care facility, do I have to inform my siblings?

Can someone get guardianship of her elderly father from her stepmother who is no longer competent enough to take care of even herself? The stepmother has Power of Attorney but has mild dementia and is not capable of taking care of the father who also has severe dementia.

Myladyalexis, the answer to your question about notifying your siblings of your seeking guardianship is Yes. You have to notify siblings of this. They can contest your guardianship and drag this out. Also it can cost alot of money when this happens. So I would get their blessing and then go forward. Good Luck and seek the advice of an attorney.

what must be done to release one person with power of attorney to anouther person who gets guardianship? Shouold the released person get some sort of copy from the person with guardianship?